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CONFEDERATE UNION.
VOLUME XXXIII.]
MILLEBGEVILLE, GEORGIA, TUESDAY, OCTOBER 7, 1862.
[NUMBER 20*
DAV3
COUNTING HOUSE CALENDAR, 18G2. f From the Athens Banner.
— ' | Iu Elbert Superior Court, Krplrnibrr Term.
let A T y7
Jambs M. Lovingood,
Sidney P. Bruce, j*Habeas Corpus.
Enrolling Officer. \
The papers in this case reveal the fol
lowing facts : About the last of February
or first of March last, the plaintiff enlist
ed as a volunteer recruit under Lieut.
\\ illis, of the 15th Georgia Volunteers—
was examined and rejected for unsound-
ness by Surgeon Cleckley at Augusta, on
the 17th March, 1S61. On the 11th of
June, 1862, he applied for admission as a
volunteer recruit into the 9th Ga. Battal
ion at Camp \ an Dorn, near Knoxville,
1 ennessee, and again rejected for unsound
Fej'y.
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1 12 13 14 15
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> 1920 21 22
10 11 1
> 26 27 28
17 18 1
12 3 4 5
8 a id 11 12
5 16 17 18 ]<J
5 6 7 8
Mar.
2 3 4
April
Mat.
Junk.
5 6 7
a 10 n 12 1314 15
16 17 Ic I<J 20 21 22
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20 31
• Sept’k
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24 25 26 27 28 29 30
3i 1 2 3 4 5 6
7 8 9 10 11 12 13
14 15 16 |7 18 19 20
21 22 23 21 25 26 27
28 2J 30
L C - i ? ,1 5 OCTOB'K
6 / 8 9 10 11 12
1 2 3 4
13 14 15 16 17 18 19
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20 21 2223 24 25 26
12 13 14 15 16 17 in
27 28 -29 30
19 20 21 22 23 24 .,5
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11 12 13 14 15 16 17
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18 19-20-21 22 23*24
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25-26 27-28 29 30 31
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23 21 25 26 27 2>- -jq
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22 23 24 25 26 27 28
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28 29 30 31
tion by volunteering—the Government has
shown particular anxiety to secure to him
his choice. Before the Act passed, this
plaintiff volunteered, and alter the act
passed, he volunteered again. Both times
he was rejected, and under such circum
stances as forbid him to hope he would
ever be received as a volunteer. Now, if
he is permitted to be forced into the army
as a ronscript, can it be said he had his
choice, intended to be secured to him by
the act and orders ? Such a rule would
keep the word of promise to the ear and
break it to the hope—it would be the
hands of Esau, but the voice of Jacob.
Subordinates of the Government have pro
claimed, they intended to perpetrate this
wrong and injustice, but I have yet to see
the evidence which connects the head of
ness, by Surgeons Callary and Bell. On | the nation with such a proceeding, and we
the 6th June, 1862, Col. Trencbavd, of can yet hope, for the honoi «»f the great
tain that the States are sovereign and in
dependent. In what sense can this be
said of Georgia, if every man of her mil
' this county, issued an order appointing
: him Ensign of the 189th Dist., G. M„ of
Elbert county and the same day he ac-
I cepted and took the oath of office. That
I lately, the defendant enrolled him as a
j conscript, and on Wednerday the 3d inst.,
assumed and took control over him by vir
tue. of his authority as enrolling officer,
and ordered him off to the camp of in
struction. The answer of Bruce admits
these facts to be true, and he bungs into
people he rules over, that : t:ch evidence
does not exist.
But it h«s been lately discovered that
the halt, the lame and the blind, though
of her Constitutional Commander-in-chief
without his consent.? Must he abdicate
bis most important duties, by permitting
himself to be disarmed of his forces, and
all this, too, in violation of his oath of of
fice, in case he should think them necessa
ry for the proteclion of the State/
If Congress can pass a Conscript Act
with certain exemptions, they can pass it
without exemptions. No one will deny
this. If, therefore, they have the power
to prescribe what shall be militia, and to
Conscript at pleasure, they may take the
Governor, the General Assembly, and the
whole Judiciary, and thus annihilate the
State Government. This palpable infrac
tion of the Confederate compact is some
times— indeed principally, defended on the
plea of necessity. IVhat a dangerous
fallacy. We have expended one hundred
thousand valuable lives and untold millions
A British Queen (Anne) was once urged
by the Emperor of Russia to punish one of
her officers for what bis Majesty c. uiider-
itia can be taken from under the control 5 ' - cc ] an ac t of indignity to his Ambassador
Counterfeit
Confederate
STotcs.
The notes mostly counterfeited are
and 100’s, of the issue
1S61
Court a copy of the Conscript Act, and i for such purposes than to seize them for
the regulations aud orders framed upon it, 1 grooms for horses, or scullions for his kitcli-
Treasury as bis justification—producing also, in ■ en. .The purpose to do such a thing shows
I obedience to the writ, the body of Loving- j ignorance of the spirit of the peopie, not
unfit for military duty, will do for clerks, j of money, to maintain the Constitution
messengers, nurses, wallers. &o. Tic
clear and decided judgment of this Court
is that even under the conscript law, the
commander-in chief, nor his subordinates,
nor any of them, have any more power
to impress the free people of this country
good.
! Plaintiff’s counsel makes the followin'
BOOK-BINDING
THE Subscriber is now pre
pared to do Book'Biad-
ing, in all its branches
Old Books rebound, Ac.
MUSIC bound in the best style. BLANK Books
manufactured to order. Prompt attention will be
• ven to all work entiusted to me.
b S. J. KIDD.
Kinder? in Sonlhern Federal Cnion Office.
Milledgeville, March 19th, 1861.
43
" COURT CALLENDER FOR 1862.
SUP3S.IOjS, courts.
JANUARY.
2d Monday, Chatham.
•Floyd
JULY
1st Mondav, Fioyd*
AUGUST.
1st Monday Lumpkint
2d M >uda> , Campbell
Clark
Dawson
i3d Monday, Forsyth
PoiK
Glascock
Merriwether
Walton
;4th Monday, Baldwin
Jackson
Monroe
l’aulding
Taliaferro
Walker
TUueday after. Pierce
; less than the principles of free government;
nc „ t' s nni „e „i • i a laiunu s counsel mattes me iouowing [ and is not paralleled by any instance in the
the 20 s, 50 s and 100 s, of the issue j points . e j despotism of Europe, except, perhaps,
ol N*pt. V> l^ul lithographed by j i The plaintiff is a lawfully appointed Russia, now the sympathetic friend of
Hover A Luuwig, Richmond. Ill all j commissioned officer of the Gtorgia Mili- j President Lincoln.
the genuine issues ol these notes there j tia, and therefore exempted by the order ; We come now to the third point mad
is a shield in the upper left corner, the | of the Commander-in-Cbief of this State, by plaintiff’s counsel, to-wit—That the
the right upper corner of which is 2. He has been twice rejected by the j Conscript Act is unconstitutional, and
placecTin the centre between the let- I Confederate Government as a soldier, for I therefoie the act itself, and all regulations
-- ’ unsounduess, and cannot be coerced into a
<1 *l.o independence of the >18108, and
shall we now violate it, and destroy the
State Government/ As reasonably might
we commit suicide to avoid personal dan
ger.
to her court, though the officer had viola
ted no positive law- 1 he Queen’s mem
orable reply was that “she could inflict no
punishment upon any, the meanest of her
subjects, unless warranted by the law of
the land.”
This is an example you might well im
itate. For 1 take it for granted that no
one will pretend that any General in com
mand of armies could confer upon you or
anybody greater powers than the Ruling
Sovereign of England possesses in like
casts under similar c'rcuinstances. The
case referred to in England gave rise to a
change of the law. After that an act was
passed exempting foreign Ministers from
arrest. So with us. If the proper discip
line of the army requires that the sale of
a soldier by a person not connect
ed wi:i the army should be prohibited
(which 1 do not mean to question in the
slightest degree) let the prohibition be de
clared by la»’, passed by Congress, with
the pains and penalties for a violation of it,
with the mode and manner of trying the
offense plainly set forth. Until this is
df ie, no ' e has any authority to punish
Nor is this plea of necessity true in fact. j u - a ch uses ; and any one who under-
The Conscript Law can only furnish men. j takes to do it is a trespasser and a violator
We have, and had before State laws t
reach every man in the State between 18
and 45, and to say the Conscript Law was
ter X in months directly over it. In
the counterfeit the corner of the shield
is placed directly under the right down
stroke of the letter N.
HUNDRED;
The Sailor in the low<
Tt
third experiment, under the Conscript
Act.
3. The Conscript Act is unconstitution
al; and therefore the act itself, and all reg
ulations aud orders based upon it, are like
wise void. ■*
Tile first question suggested by this re-
ofthe genuine note wears a black belt, j cord, is whether this Court has jurisdic
with a buckle very distinct,—in the ! tio “ over lli e questiops presented, and the
counterfeit the belt is verv light, and ^bject matter, to-wit: the body of the
The i b’ a ' n tiff, Lovingood. As to this question,
the buckle scarcely to he seen.
2d Mondav
FEBRUARY.
1-t Monday, Ciaik
t Lumpkin
d Monday, Campbell
Dawson
3d Monday, Forsyth
Polk
Glascock
Merriwether
Walton
ilh Monday, Baldwin
Jackson
Monroe
Paulding
Taliaferro
Walker
MARCH.
1st Thursday. Pierce
lit Mofidayi Appling
Chattooga
Cherokee
Coweta
Columbia
Crawford
Gwinnett
Madison
M arion
Morgan
2d Monday, Butts
Bartow
Coffee
Elbert
Fayett
Greene
. Pickens
Washington
Webster
5.1 Monday, Cobbt
Calhoun
Hall
Hart
Heard
Macon
N e wton
Talbot
Tattnal
Wa e
Thursday after White
Friday after, Bulloch
4th Monday, Clinch
Putnam
Rabun
Chattahoochee
Lee
Twiggs
Wilkes
Johnson
Milton l _
I :r-lay after Habersham ter the 4th > Echols
Thursday, Montgomery! Monday )
Monday af-'
' -r 4tli Mun-
w °°d.
e c , -i • .1 • • c t the Court can see but little ground for
face of the sailor in the genuine is fine ] 7 , ,, , , , - 6 .-, ,,,
i , , . , e . . doubt, and shall treat it briefly. 1 be
an<l regular in the counteileit tiig Constitution of Georgia declares “the
mouth seems pinched up, and the eyes right of the people to appeal to the Courts
liave a bleared or scratched look. j shall never be impaired;” further, “for
The sailor in the left hand end leans i every right there shall be provided a rem-
SEPTEMBEK.
t Monday, Appling
Chattooga
Cherokee
Columbia
Coweta
Crawford
Madison
Marion
Morgan
Butts
Bartow
Coffee
Elbert
Fayette
Greene
Gwinnett.
Pickens
Washington
Webster
3d Monday, Cobbt
Calhoun
Hall
Hart
Heard
Macon
Newton
Talbot
Ware
Bulloch
Thursday after White
li Monday, Clinch
Putnam
Chattahoochee
Lee
Twiggs
Wilkes
Johnson
Milton
Rabun
Tlinri-dav after Habersham
Monday af- )
I Echols
^Effingham
APRIL.
1-' .V 2d Mon. Carroll
!•'. Monday, Dooly
Franklin
Emanuel
Early
Fulton
Gordon
Pike
Taylor
Warren
Wilkinson
1 :.u: -d'yafter (tanks
. -Monday, Hancock
Richmond
Harris
Laurens
Miller
Sumter
Tuesday alter. McIntosh
2 : Monday, Glynn
Haralson
Henry
Jones
Liberty
Murray
(tgiethorpo
Pulaski
Stewart
Monday Worth
after * 'Bryan
4th Monday,Wayne
Decatur
DeKalb
Houston
Jasper
Lincoln
Schley
Whitfield
Wilcox
F May after. Telfair
Camden
Thursday after, Irwin
Monday “ Berrien
Charlton
MAY
1st Monday. Clayton
Seri yen
upon an anchor, diagonally across the
vignette from left to right, in the gen
uine, there is a huir hut* very distinct,
as if the stone from which the impres
sion was laken had been broken or
cracked. In the counterfeit there is
no such blurr or hair line. In the
centre vigiette, right side, near the
cotton press, is a mule—in the genuine*) a py °f_th« points involved in this record.
it is very indistinctly executed, and the
mule looks is if he were walking from
vou, present og only a tail view—in
the counterfeit it is much plainer, and
the mule presents almost a broadside
view.
At the upper right corner of the
genuine note:, the white ground ap
pears througl the shading of the me
dallion work; in the counterfeit the
entire work it dark.
FIFTIES.
edy, and every citizen ought to obtain
justice without purchase, without denial
ami without delay comformably to the
laws of the land.
Such is theiauguage of the Constitution
of Georgia, and such her sovereign com
mands to her Courts. There is no con
flict between her Constitution and the
Constitution of the Confederate States, in
11 (# will then is, that Judges shall pennit
the people to appeal to the courts, and
forbid them not, shall use remedies to pro
tect their rights, and shall give them jus
tice without purchase, denial or delay,
comformably to the laws of the land.
IVhat courts are intended here? Ob
viously the courts established by the Con
stitution. What remedy is brought to
view in this ease? Obviously tbe remedy
called Habeas Corpus, which is the uni
versal one incases where personal liberty
is restricted or taken away. Eor these
reasons I must hear, determine, make a
: judgment, and enforce that judgment by
Several whit* spots appioar just over the power of the Sheriff' and his posse. If
the figures fifty,in the medallion work the plaintiff were already a soldier, wheth-
at the upper right corner of the gen- er by voluntary enlistment or draft, or
uine notes; thereare none in the coun- ; otherwise, and petitioned for Habeas^Cor-
terfeit. The outside of this medallion P us - ™ ust granted, and if it appeared
. . ., | to the Court on the return, that the Mili-
work in the counterfeit is eotered by 1
a running net w>rk; in the genuine
there is none. Ii front ot, and at-
Monday, (
Gilmer
Randolph
Up*w
Jefferson
Chatham
Fannin
Mitchell
Monday,
Mnscc
4;ee
Bibb
Burke
Quitttnan
Spalj^ing
Tronp
Union
T , Baker
* “'-lay after Towns
Co Monday, Dade
t . Terrell
Bart Monday, Colquitt
. . „ JL ' NTE -
' Monday, Lowndes
Dougherty
-- Monday. Brooks
,, , Clay
■ *‘»nday, Thomas
OCTOBER,
list A 2d Mon. Cat roll
list Monday, Dooly
Emanuel
Franklin
Early
Fulton
Gilmer
Gordon
Tflylor
Warren
Wilkinson
Ptke
Thursday after Banks
;2d Monday, Fannin
Richmond
Hancock
Harris
Laurens
IMiller
j . Sumter
3d Monday, Glynn
Haralson
Henry
Jones
Murray
< »j>U thorpe
Pulaski
Stewart
Union
W.rtli
Thursday after Towns
Thursday ) Montgomery
after *
4thMonday. Wayne
Decatur
DeKalb
Houston
Jasper
Lincoln
Schley
Tattnall
Whitfield
Wilcox
Friday after, Telfair
Camden
Thursday after. It win
Mondav after Charlton
NOVEMBER.
1st Monday. Berrien
Seriven
Clayton
Effingham
Randolph
Upson
2d Monday, Catoosa
Jefferson
Mitchell
M uscogee
j.3d Monday, Bibb
Burke
Quit! man
Spalding
Tronp
Baker
4th Monday, Dade
Terrtdl
Thursday after, Mclntoah
Monday “ Colquitt
*• * “ Lihertv
Mon. after Liberty, Bryan
DECEMBER.
1st Monday, Dougherty
Lowndes
2d Monday,’Brooks
Clay
13d Monday Thomas
taclied to the cites, in the centre pic
ture of the genuiie note, there is a
padlock; there is rune in the counter
feit. In the genuim note the bead of
the man in the Inver left corner
is nearly bald, . i little hair is
combed down on the right temple; in
the counterfeit a ful head of hair is
represented, the hair on the right
tary Court3 has jurisdictign over them,
then fie must be remanded, for their judg
ment is then the standard of his rights.
But here the question is, shall he become
a soldier—and of this question only the
civil courts liave jurisdiction. This is the
true distinction, and if understood and re
membered, would save all conflict between
the two jurisdictions.
Coming now to the first question made
by plaintiffs counsel, that he is a commis
sioned officer of the militia, and exempt
by tbe Governor’s order, I do not ques
temple being slightlydishei elled, as l t j on jjj s p 0we r to exempt his officers—in-
blown by a putt ot wnd. deed I think it was his unavoidable duty
In the genuine the head of the fe- , to do so. He is, by the Constitution,
male betweeit the w»rds Confederate Cotnmander-in-Ohief of tbe Army and
States, is near the centre In the coun- Navy of the State—he is charged by law
erfeit the head is placed so as to
touch the letter E in Confederate.
TWENTIES.
In the counterfeit bill the figure 2,
on the right side, in cutbv a fine line,
entirely separating the ti.il ot the fig
ure from the main body >f it; in the
genuine the figure 2 is perfect. In
the genuine bills the hat oi the head
of the man in the lower lef corner of
the note, sits more upon Re top of
the head than in the counterfeit; in
the counterfeit the hat st-ens to be
thrown more towards the back oi the
neck. ,
In the genuine the crown ot be sailor s
hat is broader than in counterfeit—the sha
ding line-on his jacket in. the gem me, run
the body—in the
square across me uou_> omiter
feit they run diagonally across tlrt body.
Also, between the NX on th* right
1 lower corner are two hearts scpirated
with the duty of protecting the State
against invasion, and all other souices of
lawlessness aud disorder—in fact, with the
execution of the laws. His only power
to do this is the militia. Nor is it true, as
ha- ! coii often said, that the Governor
cau get men enough over 35 years of age,
to be officers. He has no power to get of-
ticers at ail. By the laws of this State,
which binds tbe Governor, as well as any
other man, the people have the right to
elect officers, and the Governor must take
such as the people give him. He saw fit
to waive his
the militia below
appears to me
it ary discretion to decide—holding himself
responsible toretaiu force enough at home
for domestic protection, and the enforce
ment of the laws. But if he had permit
ted the officers to be taken, it would have
been an abdication of bis office in effect;
deserving se\ere censure and perhaps pun
ishment. 1 am thus explicit in stating my
opinion of the rightfulness of the Govern-
and orders based upon it, are likewise void.
In every- government based on a written
constitution, coutaining restrictions on the
Legislative Department, it follows neces
sarily that the Judiciary must annul all
acts in violation of that constitution, when
attempted to be enforced against the citi
zen of his rights. But'we are not to this
implication plain as it is. The l?th clause
of the 1st Article of the Constitution of
this State, declares “Legislative Acts in
violation of the fundamental law ate void;
and the Judiciary shall so declare them.”
•If, therefore, upon investigation, we find
this Conscript Act to be in violation of the
fundamental law, it must be declared
void.
Our Confederate Government, like the
old Federal one, is a government of limit
ed and testricted powers. Congress lias
no powers save tbose delegated in the Con
stitution—all others are withheld. Neith
er court nor Congress nor Presidents can
change it. The plan and means for its
change are nominated in the bond, and'
necessity is not among them. The inqui
ry then is, is the power to pass the Con
script Law delegated to Congress in the
t Constitution?
It is el-timed that such power is delega
ted iu the 12th clause of the 8th section
of the 1st Article; which gives the power
“to raise and support armies,” and in the
18th clause following, giving the power
“to make all laws necessary and proper
for carrying into execution the foregoing
powers, and all other powers vested by
this Constitution in the government of the
Confederate States, or in any department
or officer thereof.” Now it this law be
necessaiy aud proper for carrying into ex
ecution the k2th clause aforesaid, and is
not in conflict with the reserved rights of
the States; and not in conflict with any
other portion of tbd Confederate compact
itself, then it is constitutional. These
clauses are identical in words with the
clause,s on the same subject in the old
Constitution. In the 16th clause of the
same section and article are reserved to
the State the rights of training the militia
according to the discipline prescribed by T
Congress, aud of appointing the officers.
What aie we to understand by the term
“militia” as used in this clause? The lan
guage used is such as describes a thing al
ready existing, ana not hereafter to be
created—and taken in connection with the
fact, that each State which was a party
to the compact, already had existing a
body of men called its militia, the conclu
sion is plain, in my judgment, that the
term was intended to mean these bodies,
and not confer on Congress the power to
create a militia of its own. A strict con
struction gives this result, and strict con
struction is our settled policy and law.
This militia, by our law, is all males be
tween IS aud 45, not exempt by law, and
State law too, 1 hold. 1 doubt not, when
called into service Congress could exempt
others, but could overrule no exemption
made by the States.
necessary to procure men, is to maintain
the arithmetical absurdity that there are
more men in the country between 18 and
35 than between 18 and 45.
Whereupon and for those reasons it is
oniered and adjudged by the Court, that
the Act of the Confederate Congress,
known as the Conscript Law, entitled “An
Act to further provide for the public de
fence,” is void, and the plaintiff', James
M. Lovingood, he released and discharged
from the custody and control of Sidney I*.
Bruce, and from tbe custody and control
of the Sheriff' of this Court, and be set at
liberty, to go wherever he pleases.
THOMAS W. THOMAS,
J- S. N. C.
opinion has changed very rapidly, there
are thousands of Americans as well as
Irishmen, in the North, liable to be draft
ed into the army who will not add to ita
strength, but who will take the first op
portunity to desert to the Southern stand
ard. And every such roan well got rid of
will add to the real strength of the North
ern forces. It is to be feared thitt* th -
cowards, skulkers and the stampedcr.
who have so often brought disaster and
disgrace upon the national cause, hav«
been those who volunteered lrom ne
cessity, and have no heart in the cause
they pretend to serve. One earnest Un-
i>".: utan is worth a dozen of these half
way sympathizers with rebellion. If I
am not strangely misinformed, there are
officers of high rauk who are as open to
these remarks as the common soldier.
The disappointment experienced here
at the financial condition of the North is
ludicrous. The Times has apologised to
its readers for the non-fulfillment of its
predictions. The crisis is postponed. It
seems impossible for these people to under
stand that a country producing all the
necessaries of life, and a large situ
exportation, having the richest go^u mines
in tbe world, and a government which has
the entire confidence of the people, can
well get on without. pa\ incut in specie. It
is remarkable, however, that all 'lie diffi
culty should be with the Noith. No won
der is expressed that the fcoutb should be
highly prosperous without muney or
credit.
The feeling about the war is without
change. It is oue of suspense, turope
waits to see what will become of Mc'Jlel-
lan, what will be done Cc Pope, and what
will be the result of the conscriptiou. The
Western Democrats write of the great
things they expect to do in the fall elec
tions. borne, in high positions, speak con
fidently of carrying some of larger
States, and of a plot to make over\ Tjlo"’" r ']
1 can ^ J
a
•he law. Soldiers in the service, as well
i the officers are subject to the Rules and ! j°' n the feonthern Coulederacy
Articles of War, and if they commit any i 0D ly hint obscurely at these matters, but
offense known to the military code therein I tk e y may soon become worthy ot atlen-
prescribed, they are liable to be tried and tion. 1 here is no doubt that a deep plot
prescribed, t:,ey
punished according to the law made for
their government. If these Rules and Ar
ticles of War; or in other words, if the
exists to carry over Missouri, and there
arc Pennsylvanians iu London, who lor-
since, tlneatened to carry that tsiate for
military code for the government of the i ktmth, and hope t< make 1 hiladelphia
army is defective in any respect, it ought * * "
to he amended by Congress. There alone
the power is vested. Neither Generals
nor their Provost Marshals nave any pow
er to make, alter or modify laws either
military or civil; nor can they declare
what shall he crimes either military or
civil, or establish an} tribunal to punish
what they may so declare. All these mat-
the great entrepot of Southern trade.
'1 here are stories about g>and coup’d’etat
of Southern intervention—a sudden open
ing ot the Southern ports by the French
fleet now leaving for Mexico. There will
be nothing of this. Whatever is done by
France will be open and deliberate. Well
disposed as we are told the Emperor is and
has been toward the South, he wx 1
authorities.
Yon then have my views hastily but
pointedly given.
ALEXANDER H. STEPHENS.
From the Atlanta Confederscy.
POWERS OF 1 ME illlMTARY.
Xseller from Alexnutlrr II. Stephen*.
Richmond, Ya., Sept. S, 1862.
Hon. James M. Calhoun, Atlanta, Ga :
Dear Sir : Your letter of the 28th ult,
to Hon. B. H. Hill, was submitted to me
by him a few days ago, for my views as to
the proper answer to be made to your sev
eral inquiries touching your powers and
duties in the office of civil Governor of At
lanta, to which you have been appointed
by Gen. Bragg. I took tbe letter with
the promise to write to you fully upon the
whole subject. Tbis, therefore, is the ob
ject of my now writing to you. 1 regret
the delay that has occurred in the fulfill
ment of my promise. It has been occa- j ported to have cost some 87,030 000, it is
ters belon c t> Congress; aud I assure?; haste to even acknowledge the x-
you, in my opinion, nothing is more essen-j c 7- When he takes this step.it .i he
tial to the maintenance and preservation ! also give the South all needed assis-
of constitutional liberty than that the tuili- j tance; but tbe new opening campaign may
tary be ever kept subordinate to the civil 6e fought out without no other intertereuce
than what may be given underhandedly
by sympathizing English capitalists, with
the connivance of the government.
Monadnock.
Yankee €*enerati» Wounded.
The following is a complete list of casu*
allies among the Y'ankee genera! officers
in the battle in western Maryland:
Major General Hooker, wounded in the
foot; Major General Sedgwick, wounded
n hands.' 11 is said that the iron plated j severely in three places; Major General
amer which left these shores a few davs ■ Rodman, mortally bounded; Major.G<
sioned by the press of other engagements,
and I now find my time too short to write
fully as I c«' it i wish. The subject is
one of great imp nance, and this, as well
as matters of a kiudrea sort, have given
me deep concern for some time past.
I am not at all surprised at your being
at a loss to know what your powers and
duties are in your new position, and your
inability to find anything in any written
code of laws to enlighten yon upon them.
The truth is, your office is uuknown to the
law. Gen. Bragg had no more authority
for appointing you civil Governor of At
lanta, than I had ; aud I had, or have, no
more authority than any street walker iu
your city. Under his appointment, tbeie-
fore, you can rightfully exercise no more
power than if the appointment had been
made by a street walker.
We live under a Constitution. Thai
Constitution was made for war as well as
peace. Under that Constitution we have
i civil laws and military laws ; laws for the
civil authorities and laws for the military.
The lirst are to be found in the Statutes
at Large, and the latter in the Rules and
Articles of War. But in this country there
is no such thing as uiartis! law, and can
not be until the Constitution is set aside,
if such an evil day shall ever come upon
■ us. All the law-making power in the
Confederate States Government is vested
in Congress. But Congress caunot de
clare martial law, which in its proper
sense is nothing but an abrogation of all
j laws. If Congress cannot do it, much less
can any officer of the Government, either
civil or military, do it rightfully, from tb<
highest to the lowest. Congress may, in
certain cases specified, suspend the writ of
Habeas Cot pus, but this by no means in
terferes with the administration of justice
so far as to deprive any party arrested of
his right to a speedy and public trial by a
jury, rfter indictment. &c. It does not
Does this Conscript Law provide for
training the Conscripts by the authority of ■■. - ■ ,
i i J J lessen or weaken the rwut of such party to
the States? Does it not, on the contrary, . o -n i . * J
. , . e i . . ' * redress for an illegal arrest. It does not
takeaway tins authority from the States? , . ° ,
• , .1 . .i i, • , . l 11 authorize arrests except upon oath or af-
It enacts also that the i resident shall ... , 1 T . i
, n , ... drmation upon probable cause. It onlv
appoint the officers of the volunteer mill- r 1 , , ,
,. , secures the party beyond misadventure to
tia, now in the service ot the Confederate r J ... ,
, States, and of those to be put in by tbis ? n pe r «ont° ^.swer the charge and
ailitary authority over the I law _ a tJear and p;lIpable £„] ation 'f tbe P»«" preliminary inquiry as o the
nv the age of 35. 1 bit, it j rightg of the States, reserved in The said j or le g ah, Y ot ,ls ll < loe8
, was a Question for Ins mi - ^ lh clause . Jn this view I am sustailie d i “ ot <>' *mpa,r bis other const,tu-
1 * 1 11 ’ 14 i * *» a* i* i n ; tional lights. lheseCongre&scannotim-
by the rresideut ot the Confederate btates . . P mi A /» ° - .
v r ... r ... r . . .... • pair by law„ 1 he Constitutional tfuarran-
imriselr. 1 be fact is recorded in Ins lile, 1 J F
tees aie above and beyond the reach or pow-
and pointing towards each other n the or's order, because I am compelled to hold,
genuine, but in the spurious only one, under the facts of the case, the plaintiff
r ... ’ ,„r • is not exempt under that order. It is true,
or i, "°’ ' .. tlio irpnuine totes t,iat on Gt h of June, 1862, the Colonel
The paper of all T e f , ° t issued an order appointing the plaintiff,
is of poor quality, hut 1 Liviugood, Ensign ot the 189tb District,
feit it is of a fair quality ot odu 10 c aI1( j j ie acce pted and took the oaih of of-
paper. bee. But, by reference to the law, (Cobb’s
•Note-The hair line is not nn infallible’«t. New Digest, page 761,) it will be seen the
as I have seem one on acouuterteit— nut a Uml- j Colonel has no right to appoint but only
iority with the face of the sailor on the g'-n me j tQ nom inate—that is, to nominate to the
bill will enable you to detect the aise | commander-in-chief, who must commission,
tight.
SPECIAL NOTICE.. .
rr'HE undersigned having removed from Mi-
I is :n_ sod intends to close up h 3
'lay holds three weeks, if;'ocessary, at each
•'dee not required to draw Jurors for two
* ** and not obliged to hold two week.’ Court
*'® t i.. of 9obb and Luamkia.
poss.
notified that tfi
1 ledgeville desires a
business matters of that place B P ee ”? ^
ble. All persons indebted are notineu ^ ^
BRE^nLovE^Hild'p. H .Lawler, who are autiiori.; third examination.the judgment of this
cesA mnl’A *ettlen«ei)t8 not ar * court fl/Trees with him. Rv thA Hnnscrint
and until commissioned, the nominee is no
officer. Lovingood not having been com
missioned, is not within the purview of
the Governor’s order.
In relation to plaintiff’s second point
that he has been twice rejected for
disability, and cannot he subjected to
zed to collect and make settlementsi if _»■* court agrees with him. By. the Conscript
raugedatanearlyday, settlements wi e . - L 1 Act itself, and orders issued under it, the
b> ia'tf A C. VAIL. Agent. citizen has his option to avoid eonscrip-
written by John Savage, contained iu a
book entitled “Our Living Representa
tive Men,l’page 172, as follows :
“Tbe teim of enlistment of tbe handful
that remained of the Mississippi regiment
expired in July, 1847, and Col. Davis was
ordered home. While in New Orleans, he
received from the President (Polk) the
commi'sion of Brigadier-Generul ot vol
unteers, but declined the honor on the
ground that neither Congress nor the Pres
ident had a right to make such an appoint
ment. The Constitution reserved to the
States respectively, the appointment of
officers of the militia, and consequently
the assumption of this duty by the Fed
eral Government, was a plain violation of
the rights of the States.”
The Constitution he was then living un
der was exact in words with the present
one on these points; and he preferred to
retire to private life, from the midst of his
fame and usefulness to violating it. This
act of devotion to Constitutional right
contributed as much perhaps as any other
to elevate him to his present exalted sta
tion.
In the preamble to our Confederate Con
stitution, care is taken to assert and main-
er of Congress, and much more, if it could
he, above and beyond the power of any of
ficer of tbe Government. Your appoint
ment, tbeiefoie, in my opinion, is simply
a nullity. You, by virtue of it, possess no
rightful authority, and can exercise none.
'1 he order creating you Civil Governor of
Atlanta, was a most palpable usurpation.
1 speak of the act only of a legal and con
stitutional sense; not of the motive that
prompted it. but a wise people, jealous
of their rights, would do well to reniem-
London Correspondence of the N. Y. Time*.
AFFAIRS IN El’ROPE.
London, Aug. 26.—As the British Gov
ernment gives no sign of interference in
i American affairs, Englishs capitalist ap-
! pear to have taken tbe matter into their
| ow
I steamer . _
: ago, and of which you have heard before ' eral Richardson, wounded in shoulder se
ll iiis readies you was purchased by the I v erely; Brigadier Genet al Mansfield killed;
I Southern commissioners; but as she “is re- brigadier General Hartstuff, severely;
Brigadier Genera! Dana, slight; Brigadier
hurd to see where they got either the ! General vV eber, Brigadier General Jiea-
money or credit to purchase ber. | gher, and Brigadier General Duryea all
It appears that this steamer was built ; slightly wounded.
for the British Government, but rejected!
as not up to the contract. She is very The Yankees at Mairolh—Important Infar-
large, can stearn 'ghten knots ail hour, is j uiatiou.
covered with six inch iron plates, and has ! We learn from a geutleman who icacu-
an armament of which the heavie are ; ed his city last evening from the vicinity
rifled 120 pounders. If the reports circu- of Suffolk that the Yankee army there
lated here are true, ^he will be far the has been heavily reinforced, numbering
most formidable antagonist the American r0 w, it is supposed, at lea=: 25,000 men
navy has ever met with. SLould Eng
lish capitalists, interested with cotton, fit
out half a dozen such steamers, as they
cau very easily, aud take cotton for pay,
you will find a use for all the iron clad
ships you are building. It is true that
the steamer of which 1 have spoken may
be the only one, and that not to be de
spised, hut there is nothing improbable in
a large number; and I know not how oth
erwise to account for the high spirits of
the secessionists here, who hint of some
terrible blow to be strnck, and who speak
so confidently of the speedy return of
peace, and of resuming their occupations
in the South, and even in cities now occu
pied by national troops.
The cotton famine increases, and grows
every day more gloomy, hopeless and
threatening in its aspect. The Times has
sent a special reporter into the district
which suffers moie by the war than any
portion of America. The autnmn is at
hand and winter is close upon ns. The
vast mass cf manufacturing operatives
ar 1 small traders reduced to pauperism,
are naked and starving but for the relief
doled out to them. They must be warm
ed as well as fed.. Long since they have
pawned theft-clothing and blankets. They
lie upon tbe floor. They have been used
to a warm atmosphere and generous diet.
.They have been promised that the war
would soon end, or that cotton would come
from Itidi.i or elsewhere. To-day they
are told that the war in America must last
for many months, and probably years, and
that no cotton is coming from any quarter.
Patience, for which they have been so
praised, is neatly exhausted. Ue-pairhas
come- What despairing men will do when
they number by the hundred thousand, we
wait to see, and not without the appre
(tension of some great calamity.
It is not in England alone. There is a
frightful distress iu Belgium. The Queen
of England sent 810,000 to Lancashire a
lew days ago. fche has sent the same
amount to Be'gium. This shows what
niu»t he the distress there. In France,
the government has taken the matter upon
its own broad shoulders. The manufac
turers have been instructed to keep their
works going and to charge the loss to the
government. To find work for evfery
Frenchman w illing to labor is one of the
functions of the imperial government.
But observe that the government that
does this must also consider an obstacle to
ber, as Delolme so well exptessed it, that industry as on attack upon itself. If you
“such acts, so laudable when we only ' injure a French manufactory you injure
consider the motive of them, make a the Emperor- A war which deprives
breach at which Tyranny will oue day en- ; France of cotton, as a tariff which limits
ter,” if quietly submitted to long. Now her trade, is an affair of State—not as
then, my opiuion is, if any one be brought i n England, a question of political econ-
before you for punishment for selling liquor omy.
to a soldier, or any other allegation, where ! ’The detection and escape of a few
there is no law against it, no law passed thousand fugitives from the draft intoCan-
by the proper law-making power, either a da. or to England, is not a misfortune.—
State or Confederate, and where as a mat- Of the few hundreds that have landed at
ter of coarse you have no legal or rightful Cork from the late steamers, ail were
authority to punish either by fine, corpor- ! Southern Sympathizers, who would have
eally, &c., you should simply make this done only mischief in a Northern Army,
response to one who brings him or her, as No officer would willingly command aol-
tbe case may be; that yon have no juris- diers whose first bullet would be fired at
dictiou of the matter complained of. ; his head instead of the enemy. Unless
We also leatn that they have sent 10,000
men to Windsor station, on the N. and P.
Railroad, eleven miles this side of Suffolk.
They have narrowed the guage of the
railroad four inches from Norfolk to Zuni
station seven miles this side of Windsor,
and eleven miles from the point to w hich
the track has been torn up by our people,
and from which it is more or less obstruct
ed to Petersburg.
We would respectfully suggest to the
Government to have a force sent down to
Windsor sufficient to capture the Yankee
column there and also at Suffolk. They
are mostly composed, doubtless, of taw re
cruits lately diafted, and could be bagged
by half the number of Confederates. They
should not be suffered to repose there a
day longer than they can be reached by
our anns. Now is a good opportunity to
break up this nest of vandals. The game
that it is playing is, we think, to accum
ulate gradually at those points a strong
force from the new levies, and drill them
for further operations at a future day —
This game should by all means be blocked
and tbe ulterior scheme be nipped in tbe
bud. That scheme is, we take it, to marck
upon Richmond via Petersburg as soon as
they can collect aud prepare in the way
they are doing a large force at Suffolk un
der the Northern draft, which they can do
unless prevented by speedy and vigorous
counteractive measures by our Govern
ment.—Petersburg Express.
Cannot the policy here recommended
be applied and pursued on our coast, and
wbeiever the YaukeeS show intention of
increasing their force of occupation or in
vasion? We have sufficiently tested the
policy of waiting for the euemy to get
ready and select his time, place and mode
oY fighting.
One chance left to avoid a Dictator.—
A dictator is staring the North in the
I ace. The Philadelphia Mercury
points to Freniont as the man, and
fears he has a large support for the
place. His speech at St. Louis, de,-
claring that the “people” should have
their way in defiance of the “red tap*
at Washington,” is hailed as a shadow
of the coming event. It implores the
country to support the Democracy
in ousting the Republicans and saving
the “Union.”
The Western View of the Fu
ture War Policy.—The Cincinnati
Gazette says that with men enough
in the field they have failed to whip
the Confederates, and is not sure that
the result would have been different
if the 300,000 new troops had been
in the field. While in the East they
are quarreling about the incapacity of
Generals, it thinks “we in the West”
see that the plans marked out could
not have been successful with anjr
fore*. *